Jury finds state trooper not guilty in OWI

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By Scott Brand

Sault Ste. Marie Evening News - Sault Ste. Marie, MI

By Scott Brand

Posted Jun. 14, 2013 at 3:15 PM

By Scott Brand
Posted Jun. 14, 2013 at 3:15 PM

Sault Ste. Marie

A jury found William H. Smith, 44, of Sault Ste. Marie “Not guilty,” of operating while intoxicated stemming from his July 7, 2012 arrest following a three-day trial in the 91st District Court on Thursday.

He was facing up to 93 days in jail and a $500 fine if he had been convicted.

Smith, who was commander of the Michigan State Police Post No. 84 in Gladstone at the time of his arrest, was taken into custody by Sault Police after they responded to a complaint of a vehicle in a ditch near the intersection of Three Mile and Shunk.

The original case was dismissed in August of 2012 after 93rd District Court Judge Mark Luoma of Alger County ruled that former Chippewa County Magistrate Marsha Teysen had no authority to sign a search warrant ordering a blood draw. As a result, any evidence collected from the blood draw could not be used to prosecute the trooper.

Michigan State Attorney General Bill Schuette, however, moved to have the case charged a second time — appointing Karen Bahrman of the Alger County Prosecutor’s Office to this matter. The prosecution, according to legal insiders, was severely hampered without the blood evidence as Smith had also declined a preliminary breath tests (commonly known as the PBT), leaving only police testimony to build their case in court.

With the jury handing down the not guilty verdict and the court dismissing a failure to report a property damage accident charge before the case was sent to the jury, it appears as though Smith will face no additional legal trouble associated with this incident.

“He’s done,” according to a 91st District Court spokesperson.

Smith was initially suspended with pay on the heels of his arrest last summer. The Escanaba Daily Press reported in February that Smith was demoted from lieutenant to sergeant following an internal investigation by state police headquarters and transferred from Gladstone to Lansing following a 15 day suspension without pay.